(As Harmonized with Development Partners)

Transcription

1 PHILIPPINE BIDDING DOCUMENTS (As Harmonized with Development Partners) Procurement of GOODS 2 nd PUBLIC BIDDING OF SCHEDULES 2, 3 & 4 OF THE SUPPLY AND DELIVERY OF BRAND NEW TRANSPORTATION/MOTOR VEHICLES PB(2) RM56/GSD Government of the Republic of the Philippines Fifth Edition August 2016

2 Preface These Philippine Bidding Documents (PBDs) for the procurement of Goods through Competitive Bidding have been prepared by the Government of the Philippines (GOP) for use by all branches, agencies, departments, bureaus, offices, or instrumentalities of the government, including government-owned and/or -controlled corporations (GOCCs), government financial institutions (GFIs), state universities and colleges (SUCs), and local government units (LGUs) and autonomous regional government. The procedures and practices presented in this document have been developed through broad experience, and are for mandatory 1 use in projects that are financed in whole or in part by the GOP or any foreign government/foreign or international financing institution in accordance with the provisions of the 2016 Revised Implementing Rules and Regulations (IRR) of Republic Act (RA) The Bidding Documents shall clearly and adequately define, among others: (a) the objectives, scope, and expected outputs and/or results of the proposed contract; (b) the eligibility requirements of bidders, such as track record to be determined by the Head of the Procuring Entity; (c) the expected contract duration, the estimated quantity in the case of procurement of goods, delivery schedule and/or time frame; and (d) the obligations, duties, and/or functions of the winning bidder. In order to simplify the preparation of the Bidding Documents for each procurement, the PBDs groups the provisions that are intended to be used unchanged in Section II. Instructions to Bidders (ITB) and in Section IV. General Conditions of Contract (GCC). Data and provisions specific to each procurement and contract should be included in Section III. Bid Data Sheet (BDS); Section V. Special Conditions of Contract (SCC); Section VI. Schedule of Requirements; Section VII. Technical Specifications, and Section IX. Foreign- Assisted Projects. The forms to be used are provided in Section VIII. Bidding Forms. Care should be taken to check the relevance of the provisions of the PBDs against the requirements of the specific Goods to be procured. In addition, each section is prepared with notes intended only as information for the Procuring Entity or the person drafting the Bidding Documents. They shall not be included in the final documents, except for the notes introducing Section VIII. Bidding Forms where the information is useful for the Bidder. The following general directions should be observed when using the documents: (a) (b) (c) All the documents listed in the Table of Contents are normally required for the procurement of Goods. However, they should be adapted as necessary to the circumstances of the particular Project. Specific details, such as the name of the Procuring Entity and address for bid submission, should be furnished in the ITB, BDS, and SCC. The final documents should contain neither blank spaces nor options. This Preface and the footnotes or notes in italics included in the Invitation to Bid, BDS, SCC, Schedule of Requirements, and Specifications are not part of 1 Unless the Treaty or International or Executive Agreement expressly provides use of foreign government/foreign or international financing institution procurement guidelines. 2

3 the text of the final document, although they contain instructions that the Procuring Entity should strictly follow. The Bidding Documents should contain no footnotes except Section VIII. Bidding Forms since these provide important guidance to Bidders. (d) (e) The cover should be modified as required to identify the Bidding Documents as to the names of the Project, Contract, and Procuring Entity, in addition to date of issue. If modifications must be made to bidding requirements, they can be presented in the BDS. Modifications for specific Project or Contract details should be provided in the SCC as amendments to the Conditions of Contract. For easy completion, whenever reference has to be made to specific clauses in the BDS or SCC these terms shall be printed in bold type face on Section I. Instructions to Bidders and Section III. General Conditions of Contract, respectively. 3

4 TABLE OF CONTENTS SECTION I. INVITATION TO BID...5 SECTION II. INSTRUCTIONS TO BIDDERS...8 SECTION III. BID DATA SHEET SECTION IV. GENERAL CONDITIONS OF CONTRACT SECTION V. SPECIAL CONDITIONS OF CONTRACT SECTION VI. SCHEDULE OF REQUIREMENTS SECTION VII. TECHNICAL SPECIFICATIONS SECTION VIII. BIDDING FORMS SECTION IX. CHECKLIST OF REQUIREMENTS... 92

5 Section I. Invitation to Bid Notes on the Invitation to Bid The Invitation to Bid provides information that enables potential Bidders to decide whether to participate in the procurement at hand. The Invitation to Bid shall be: (a) (b) (c) Posted continuously in the Philippine Government Electronic Procurement System (PhilGEPS) website, the website of the Procuring Entity concerned, if available, and the website prescribed by the foreign government/foreign or international financing institution, if applicable, for seven (7) calendar days starting on the date of advertisement; Posted at any conspicuous place reserved for this purpose in the premises of the Procuring Entity concerned for seven (7) calendar days, as certified by the head of the Bids and Awards Committee (BAC) Secretariat of the Procuring Entity concerned; and Advertised at least once in a newspaper of general nationwide circulation which has been regularly published for at least two (2) years before the date of issue of the advertisement, subject to Section (c) of the IRR of RA Apart from the essential items listed in the Bidding Documents, the Invitation to Bid should also indicate the following: (a) (b) (c) (d) The date of availability of the Bidding Documents, which shall be from the time the Invitation to Bid is first advertised/posted until the deadline for the submission and receipt of bids; The place where the Bidding Documents may be acquired or the website where it may be downloaded; The deadline for the submission and receipt of bids from the last day of posting of the Invitation to Bid; and Any important bid evaluation criteria (e.g., the application of a margin of preference in bid evaluation). The Invitation to Bid should be incorporated in the Bidding Documents. The information contained in the Invitation to Bid must conform to the Bidding Documents and in particular to the relevant information in the BDS. For foreign-assisted projects, the Invitation to Bid to be used is provided in Section IX- Foreign-Assisted Projects. 5

6 INVITATION TO BID FOR THE 2 nd PUBLIC BIDDING OF SCHEDULES 2, 3 & 4 OF THE SUPPLY AND DELIVERY OF BRAND NEW TRANSPORTATION/MOTOR VEHICLES PB(2) RM56/GSD The National Transmission Corporation, through the 2017 Corporate Budget approved by the TransCo Board intends to apply the sum of PHP 12,850,000.00, being the Approved Budget for the Contract (ABC) to payments under the contract for the 2 nd PUBLIC BIDDING OF SCHEDULES 2, 3 & 4 OF THE SUPPLY AND DELIVERY OF BRAND NEW TRANSPORTATION/MOTOR VEHICLES PB(2) RM56/GSD Bids received in excess of the ABC shall be automatically rejected at bid opening. 2. The National Transmission Corporation, now invites bids for the 2 nd PUBLIC BIDDING OF SCHEDULES 2, 3 & 4 FOR THE SUPPLY AND DELIVERY OF BRAND NEW TRANSPORTATION/MOTOR VEHICLES. Schedule Description Quantity Approved Budget fo the Contract (ABC) in PHP 2 PASSENGER VAN 2 2,620, AUV 3 3,630, MPV 6 6,600, Delivery of the Goods is required to be delivered within forty five (45) calendar days. Bidders should have completed, within the last five (5) years from the date of submission and receipt of bids, a contract similar to the Project. The description of an eligible bidder is contained in the Bidding Documents, particularly, in Section II. Instructions to Bidders. 3. Bidding will be conducted through open competitive bidding procedures using a nondiscretionary pass/fail criterion as specified in the 2016 Revised Implementing Rules and Regulations (IRR) of Republic Act (RA) 9184, otherwise known as the Government Procurement Reform Act. Bidding is restricted to Filipino citizens/sole proprietorships, partnerships, or organizations with at least sixty percent (60%) interest or outstanding capital stock belonging to citizens of the Philippines, and to citizens or organizations of a country the laws or regulations of which grant similar rights or privileges to Filipino citizens, pursuant to RA Interested bidders may obtain further information from National Transmission Corporation (TransCo) and inspect the Bidding Documents at the address given below during working days from 8:00 am to 5:00 pm. 5. A complete set of Bidding Documents may be acquired by interested Bidders during office hours Monday to Friday 8:00 AM to 5:00 PM from October 25 up to November 6

7 20, 2017 from the address below upon payment of a nonrefundable fee for the Bidding Documents, pursuant to the latest Guidelines issued by GPPB. Note: For lot procurement, the maximum fee for the Bidding Documents for each lot shall be based on its ABC, in accordance with the Guidelines issued by the GPPB; provided that the total fees for the Bidding Documents of all lots shall not exceed the maximum fee prescribed in the Guidelines for the sum of the ABC of all lots. It may also be downloaded free of charge from the website of the Philippine Government Electronic Procurement System (PhilGEPS) and the website of the Procuring Entity, provided that Bidders shall pay the applicable fee for the Bidding Documents. 6. The National Transmission Corporation will hold a Pre-Bid Conference on November 6, :00 PM at GSD Conference Room, Ground Floor TransCo Main Building, Diliman, Quezon City which shall be open to prospective bidders. 7. Bids must be duly received by the BAC Secretariat at the address below on or before November 21, :00 AM. All Bids must be accompanied by a bid security in any of the acceptable forms and in the amount stated in ITB Clause 18. Bid opening shall be on November 21, :00 AM at GSD Conference Room, Ground Floor TransCo Main Building, Diliman, Quezon City. Bids will be opened in the presence of the bidders representatives who choose to attend at the address below. Late bids shall not be accepted. 8. The National Transmission Corporation reserves the right to reject any and all bids, declare a failure of bidding, or not award the contract at any time prior to contract award in accordance with Section 41 of RA 9184 and its IRR, without thereby incurring any liability to the affected bidder or bidders. 9. For further information, please refer to: Ms. Rossana F. Paguio BAC Secretariat Manager, General Services Division National Transmission Corporation (Transco) Power Center Complex BIR Road corner Quezon Avenue Diliman, Quezon City Telephone and Fax No rfpaguio@transco.ph ATTY.ZITA MARIE ATIENZA-FAJARDO BAC Chairperson 7

8 Section II. Instructions to Bidders Notes on the Instructions to Bidders This Section of the Bidding Documents provides the information necessary for bidders to prepare responsive bids, in accordance with the requirements of the Procuring Entity. It also provides information on bid submission, eligibility check, opening and evaluation of bids, post-qualification and on the award of contract. This Section also contains provisions that are to be used unchanged. Section III consists of provisions that supplement, amend, or specify in detail, information or requirements included in Section II which are specific to each procurement. Matters governing performance of the Supplier, payments under the contract, or matters affecting the risks, rights, and obligations of the parties under the contract are not normally included in this Section, but rather under Section IV. General Conditions of Contract (GCC), and/or Section V. Special Conditions of Contract (SCC). If duplication of a subject is inevitable in other sections of the document prepared by the Procuring Entity, care must be exercised to avoid contradictions between clauses dealing with the same matter. 8

9 TABLE OF CONTENTS A. GENERAL Scope of Bid Source of Funds Corrupt, Fraudulent, Collusive, and Coercive Practices Conflict of Interest Eligible Bidders Bidder s Responsibilities Origin of Goods Subcontracts B. CONTENTS OF BIDDING DOCUMENTS Pre-Bid Conference Clarification and Amendment of Bidding Documents C. PREPARATION OF BIDS Language of Bid Documents Comprising the Bid: Eligibility and Technical Components Documents Comprising the Bid: Financial Component Alternative Bids Bid Prices Bid Currencies Bid Validity Bid Security Format and Signing of Bids Sealing and Marking of Bids D. SUBMISSION AND OPENING OF BIDS Deadline for Submission of Bids Late Bids Modification and Withdrawal of Bids Opening and Preliminary Examination of Bids E. EVALUATION AND COMPARISON OF BIDS Process to be Confidential Clarification of Bids Domestic Preference

10 28. Detailed Evaluation and Comparison of Bids Post-Qualification Reservation Clause F. AWARD OF CONTRACT Contract Award Signing of the Contract Performance Security Notice to Proceed Protest Mechanism 37 10

11 A. General 1. Scope of Bid 1.1. The Procuring Entity named in the BDS invites bids for the supply and delivery of the Goods as described in Section VII. Technical Specifications The name, identification, and number of lots specific to this bidding are provided in the BDS. The contracting strategy and basis of evaluation of lots is described in ITB Clause Source of Funds The Procuring Entity has a budget or has received funds from the Funding Source named in the BDS, and in the amount indicated in the BDS. It intends to apply part of the funds received for the Project, as defined in the BDS, to cover eligible payments under the contract. 3. Corrupt, Fraudulent, Collusive, and Coercive Practices 3.1. Unless otherwise specified in the BDS, the Procuring Entity as well as the bidders and suppliers shall observe the highest standard of ethics during the procurement and execution of the contract. In pursuance of this policy, the Procuring Entity: (a) defines, for purposes of this provision, the terms set forth below as follows: (i) (ii) (iii) corrupt practice means behavior on the part of officials in the public or private sectors by which they improperly and unlawfully enrich themselves, others, or induce others to do so, by misusing the position in which they are placed, and includes the offering, giving, receiving, or soliciting of anything of value to influence the action of any such official in the procurement process or in contract execution; entering, on behalf of the government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby, and similar acts as provided in RA fraudulent practice means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Procuring Entity, and includes collusive practices among Bidders (prior to or after bid submission) designed to establish bid prices at artificial, noncompetitive levels and to deprive the Procuring Entity of the benefits of free and open competition. collusive practices means a scheme or arrangement between two or more Bidders, with or without the knowledge of the 11

12 Procuring Entity, designed to establish bid prices at artificial, non-competitive levels. (iv) (v) coercive practices means harming or threatening to harm, directly or indirectly, persons, or their property to influence their participation in a procurement process, or affect the execution of a contract; obstructive practice is (aa) deliberately destroying, falsifying, altering or concealing of evidence material to an administrative proceedings or investigation or making false statements to investigators in order to materially impede an administrative proceedings or investigation of the Procuring Entity or any foreign government/foreign or international financing institution into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the administrative proceedings or investigation or from pursuing such proceedings or investigation; or (bb) acts intended to materially impede the exercise of the inspection and audit rights of the Procuring Entity or any foreign government/foreign or international financing institution herein. (b) will reject a proposal for award if it determines that the Bidder recommended for award has engaged in any of the practices mentioned in this Clause for purposes of competing for the contract Further, the Procuring Entity will seek to impose the maximum civil, administrative, and/or criminal penalties available under applicable laws on individuals and organizations deemed to be involved in any of the practices mentioned in ITB Clause 3.1(a) Furthermore, the Funding Source and the Procuring Entity reserve the right to inspect and audit records and accounts of a bidder or supplier in the bidding for and performance of a contract themselves or through independent auditors as reflected in the GCC Clause Conflict of Interest 4.1. All Bidders found to have conflicting interests shall be disqualified to participate in the procurement at hand, without prejudice to the imposition of appropriate administrative, civil, and criminal sanctions. A Bidder may be considered to have conflicting interests with another Bidder in any of the events described in paragraphs (a) through (c) below and a general conflict of 12

13 interest in any of the circumstances set out in paragraphs (d) through (g) below: (a) (b) (c) (d) (e) (f) (g) A Bidder has controlling shareholders in common with another Bidder; A Bidder receives or has received any direct or indirect subsidy from any other Bidder; A Bidder has the same legal representative as that of another Bidder for purposes of this bid; A Bidder has a relationship, directly or through third parties, that puts them in a position to have access to information about or influence on the bid of another Bidder or influence the decisions of the Procuring Entity regarding this bidding process; A Bidder submits more than one bid in this bidding process. However, this does not limit the participation of subcontractors in more than one bid; A Bidder who participated as a consultant in the preparation of the design or technical specifications of the Goods and related services that are the subject of the bid; or A Bidder who lends, or temporarily seconds, its personnel to firms or organizations which are engaged in consulting services for the preparation related to procurement for or implementation of the project, if the personnel would be involved in any capacity on the same project In accordance with Section 47 of the IRR of RA 9184, all Bidding Documents shall be accompanied by a sworn affidavit of the Bidder that it is not related to the Head of the Procuring Entity (HoPE), members of the Bids and Awards Committee (BAC), members of the Technical Working Group (TWG), members of the BAC Secretariat, the head of the Project Management Office (PMO) or the end-user unit, and the project consultants, by consanguinity or affinity up to the third civil degree. On the part of the Bidder, this Clause shall apply to the following persons: (a) (b) (c) (d) If the Bidder is an individual or a sole proprietorship, to the Bidder himself; If the Bidder is a partnership, to all its officers and members; If the Bidder is a corporation, to all its officers, directors, and controlling stockholders; If the Bidder is a cooperative, to all its officers, directors, and controlling shareholders or members; and 13

14 (e) If the Bidder is a joint venture (JV), the provisions of items (a), (b), (c), or (d) of this Clause shall correspondingly apply to each of the members of the said JV, as may be appropriate. 5. Eligible Bidders Relationship of the nature described above or failure to comply with this Clause will result in the automatic disqualification of a Bidder Unless otherwise provided in the BDS, the following persons shall be eligible to participate in this bidding: (a) (b) (c) (d) (e) Duly licensed Filipino citizens/sole proprietorships; Partnerships duly organized under the laws of the Philippines and of which at least sixty percent (60%) of the interest belongs to citizens of the Philippines; Corporations duly organized under the laws of the Philippines, and of which at least sixty percent (60%) of the outstanding capital stock belongs to citizens of the Philippines; Cooperatives duly organized under the laws of the Philippines; and Persons/entities forming themselves into a Joint Venture (JV), i.e., a group of two (2) or more persons/entities that intend to be jointly and severally responsible or liable for a particular contract: Provided, however, that Filipino ownership or interest of the JV concerned shall be at least sixty percent (60%) Foreign bidders may be eligible to participate when any of the following circumstances exist, as specified in the BDS: (a) (b) (c) (d) When a Treaty or International or Executive Agreement as provided in Section 4 of RA 9184 and its IRR allow foreign bidders to participate; Citizens, corporations, or associations of a country, the laws or regulations of which grant reciprocal rights or privileges to citizens, corporations, or associations of the Philippines; When the Goods sought to be procured are not available from local suppliers; or When there is a need to prevent situations that defeat competition or restrain trade Government owned or controlled corporations (GOCCs) may be eligible to participate only if they can establish that they (a) are legally and financially autonomous, (b) operate under commercial law, and (c) are not attached agencies of the Procuring Entity. 14

15 5.4. Unless otherwise provided in the BDS, the Bidder must have completed a Single Largest Completed Contract (SLCC) similar to the Project and the value of which, adjusted, if necessary, by the Bidder to current prices using the Philippine Statistics Authority (PSA) consumer price index, must be at least equivalent to a percentage of the ABC stated in the BDS. For this purpose, contracts similar to the Project shall be those described in the BDS, and completed within the relevant period stated in the Invitation to Bid and ITB Clause 12.1(a)(ii) The Bidder must submit a computation of its Net Financial Contracting Capacity (NFCC), which must be at least equal to the ABC to be bid, calculated as follows: NFCC = [(Current assets minus current liabilities) (15)] minus the value of all outstanding or uncompleted portions of the projects under ongoing contracts, including awarded contracts yet to be started, coinciding with the contract to be bid. The values of the domestic bidder s current assets and current liabilities shall be based on the latest Audited Financial Statements submitted to the BIR. For purposes of computing the foreign bidders NFCC, the value of the current assets and current liabilities shall be based on their audited financial statements prepared in accordance with international financial reporting standards. If the prospective bidder opts to submit a committed Line of Credit, it must be at least equal to ten percent (10%) of the ABC to be bid. If issued by a foreign universal or commercial bank, it shall be confirmed or authenticated by a local universal or commercial bank. 6. Bidder s Responsibilities 6.1. The Bidder or its duly authorized representative shall submit a sworn statement in the form prescribed in Section VIII. Bidding Forms as required in ITB Clause 12.1(b)(iii) The Bidder is responsible for the following: (a) (b) (c) (d) Having taken steps to carefully examine all of the Bidding Documents; Having acknowledged all conditions, local or otherwise, affecting the implementation of the contract; Having made an estimate of the facilities available and needed for the contract to be bid, if any; Having complied with its responsibility to inquire or secure Supplemental/Bid Bulletin(s) as provided under ITB Clause

16 (e) (f) (g) (h) Ensuring that it is not blacklisted or barred from bidding by the GOP or any of its agencies, offices, corporations, or LGUs, including foreign government/foreign or international financing institution whose blacklisting rules have been recognized by the GPPB; Ensuring that each of the documents submitted in satisfaction of the bidding requirements is an authentic copy of the original, complete, and all statements and information provided therein are true and correct; Authorizing the HoPE or its duly authorized representative/s to verify all the documents submitted; Ensuring that the signatory is the duly authorized representative of the Bidder, and granted full power and authority to do, execute and perform any and all acts necessary and/or to represent the Bidder in the bidding, with the duly notarized Secretary s Certificate attesting to such fact, if the Bidder is a corporation, partnership, cooperative, or joint venture; (i) Complying with the disclosure provision under Section 47 of RA 9184 and its IRR in relation to other provisions of RA 3019; (j) Complying with existing labor laws and standards, in the case of procurement of services; Moreover, bidder undertakes to: (i) Ensure the entitlement of workers to wages, hours of work, safety and health and other prevailing conditions of work as established by national laws, rules and regulations; or collective bargaining agreement; or arbitration award, if and when applicable. In case there is a finding by the Procuring Entity or the DOLE of underpayment or non-payment of workers wage and wagerelated benefits, bidder agrees that the performance security or portion of the contract amount shall be withheld in favor of the complaining workers pursuant to appropriate provisions of Republic Act No without prejudice to the institution of appropriate actions under the Labor Code, as amended, and other social legislations. (ii) Comply with occupational safety and health standards and to correct deficiencies, if any. In case of imminent danger, injury or death of the worker, bidder undertakes to suspend contract implementation pending clearance to proceed from the DOLE Regional Office and to comply with Work Stoppage Order; and 16

17 (iii) Inform the workers of their conditions of work, labor clauses under the contract specifying wages, hours of work and other benefits under prevailing national laws, rules and regulations; or collective bargaining agreement; or arbitration award, if and when applicable, through posting in two (2) conspicuous places in the establishment s premises; and (k) Ensuring that it did not give or pay, directly or indirectly, any commission, amount, fee, or any form of consideration, pecuniary or otherwise, to any person or official, personnel or representative of the government in relation to any procurement project or activity. Failure to observe any of the above responsibilities shall be at the risk of the Bidder concerned The Bidder is expected to examine all instructions, forms, terms, and specifications in the Bidding Documents It shall be the sole responsibility of the Bidder to determine and to satisfy itself by such means as it considers necessary or desirable as to all matters pertaining to the contract to be bid, including: (a) the location and the nature of this Project; (b) climatic conditions; (c) transportation facilities; and (d) other factors that may affect the cost, duration, and execution or implementation of this Project The Procuring Entity shall not assume any responsibility regarding erroneous interpretations or conclusions by the prospective or eligible bidder out of the data furnished by the procuring entity. However, the Procuring Entity shall ensure that all information in the Bidding Documents, including bid/supplemental bid bulletin/s issued, are correct and consistent Before submitting their bids, the Bidder is deemed to have become familiar with all existing laws, decrees, ordinances, acts and regulations of the Philippines which may affect this Project in any way The Bidder shall bear all costs associated with the preparation and submission of his bid, and the Procuring Entity will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process The Bidder should note that the Procuring Entity will accept bids only from those that have paid the applicable fee for the Bidding Documents at the office indicated in the Invitation to Bid. 7. Origin of Goods Unless otherwise indicated in the BDS, there is no restriction on the origin of goods other than those prohibited by a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, subject to ITB Clause Subcontracts 17

18 8.1. Unless otherwise specified in the BDS, the Bidder may subcontract portions of the Goods to an extent as may be approved by the Procuring Entity and stated in the BDS. However, subcontracting of any portion shall not relieve the Bidder from any liability or obligation that may arise from the contract for this Project Subcontractors must submit the documentary requirements under ITB Clause 12 and comply with the eligibility criteria specified in the BDS. In the event that any subcontractor is found by the Procuring Entity to be ineligible, the subcontracting of such portion of the Goods shall be disallowed The Bidder may identify the subcontractor to whom a portion of the Goods will be subcontracted at any stage of the bidding process or during contract implementation. If the Bidder opts to disclose the name of the subcontractor during bid submission, the Bidder shall include the required documents as part of the technical component of its bid. 9. Pre-Bid Conference B. Contents of Bidding Documents 9.1. (a) If so specified in the BDS, a pre-bid conference shall be held at the venue and on the date indicated therein, to clarify and address the Bidders questions on the technical and financial components of this Project. (b) The pre-bid conference shall be held at least twelve (12) calendar days before the deadline for the submission and receipt of bids, but not earlier than seven (7) calendar days from the posting of the invitation to bid/bidding documents in the PhilGEPS website. If the Procuring Entity determines that, by reason of the method, nature, or complexity of the contract to be bid, or when international participation will be more advantageous to the GOP, a longer period for the preparation of bids is necessary, the pre-bid conference shall be held at least thirty (30) calendar days before the deadline for the submission and receipt of bids, as specified in the BDS Bidders are encouraged to attend the pre-bid conference to ensure that they fully understand the Procuring Entity s requirements. Non-attendance of the Bidder will in no way prejudice its bid; however, the Bidder is expected to know the changes and/or amendments to the Bidding Documents as recorded in the minutes of the pre-bid conference and the Supplemental/Bid Bulletin. The minutes of the pre-bid conference shall be recorded and prepared not later than five (5) calendar days after the pre-bid conference. The minutes shall be made available to prospective bidders not later than five (5) days upon written request. 9.3 Decisions of the BAC amending any provision of the bidding documents shall be issued in writing through a Supplemental/Bid Bulletin at least seven (7) calendar days before the deadline for the submission and receipt of bids. 10. Clarification and Amendment of Bidding Documents 18

19 10.1. Prospective bidders may request for clarification on and/or interpretation of any part of the Bidding Documents. Such request must be in writing and submitted to the Procuring Entity at the address indicated in the BDS at least ten (10) calendar days before the deadline set for the submission and receipt of Bids The BAC shall respond to the said request by issuing a Supplemental/Bid Bulletin, to be made available to all those who have properly secured the Bidding Documents, at least seven (7) calendar days before the deadline for the submission and receipt of Bids Supplemental/Bid Bulletins may also be issued upon the Procuring Entity s initiative for purposes of clarifying or modifying any provision of the Bidding Documents not later than seven (7) calendar days before the deadline for the submission and receipt of Bids. Any modification to the Bidding Documents shall be identified as an amendment Any Supplemental/Bid Bulletin issued by the BAC shall also be posted in the PhilGEPS and the website of the Procuring Entity concerned, if available, and at any conspicuous place in the premises of the Procuring Entity concerned. It shall be the responsibility of all Bidders who have properly secured the Bidding Documents to inquire and secure Supplemental/Bid Bulletins that may be issued by the BAC. However, Bidders who have submitted bids before the issuance of the Supplemental/Bid Bulletin must be informed and allowed to modify or withdraw their bids in accordance with ITB Clause Language of Bids C. Preparation of Bids The eligibility requirements or statements, the bids, and all other documents to be submitted to the BAC must be in English. If the eligibility requirements or statements, the bids, and all other documents submitted to the BAC are in foreign language other than English, it must be accompanied by a translation of the documents in English. The documents shall be translated by the relevant foreign government agency, the foreign government agency authorized to translate documents, or a registered translator in the foreign bidder s country; and shall be authenticated by the appropriate Philippine foreign service establishment/post or the equivalent office having jurisdiction over the foreign bidder s affairs in the Philippines. The English translation shall govern, for purposes of interpretation of the bid. 12. Documents Comprising the Bid: Eligibility and Technical Components Unless otherwise indicated in the BDS, the first envelope shall contain the following eligibility and technical documents: (a) Eligibility Documents Class A Documents: 19

20 (i) (ii) PhilGEPS Certificate of Registration and Membership in accordance with Section of the IRR, except for foreign bidders participating in the procurement by a Philippine Foreign Service Office or Post, which shall submit their eligibility documents under Section 23.1 of the IRR, provided, that the winning bidder shall register with the PhilGEPS in accordance with section of the IRR. Statement of all its ongoing government and private contracts, including contracts awarded but not yet started, if any, whether similar or not similar in nature and complexity to the contract to be bid; and Statement of the Bidder s SLCC similar to the contract to be bid, in accordance with ITB Clause 5.4, within the relevant period as provided in the BDS. The two statements required shall indicate for each contract the following: (ii.1) (ii.2) (ii.3) name of the contract; date of the contract; contract duration; (ii.4) owner s name and address; (ii.5) (ii.6) (ii.7) (ii.8) (ii.9) kinds of Goods; For Statement of Ongoing Contracts - amount of contract and value of outstanding contracts; For Statement of SLCC - amount of completed contracts, adjusted by the Bidder to current prices using PSA s consumer price index, if necessary for the purpose of meeting the SLCC requirement; date of delivery; and end user s acceptance or official receipt(s) or sales invoice issued for the contract, if completed, which shall be attached to the statements. (iii) NFCC computation in accordance with ITB Clause 5.5 or a committed Line of Credit from a universal or commercial bank. Class B Document: (iv) If applicable, the Joint Venture Agreement (JVA) in case the joint venture is already in existence, or duly notarized 20

21 statements from all the potential joint venture partners in accordance with Section 23.1(b) of the IRR. (b) Technical Documents (i) Bid security in accordance with ITB Clause 18. If the Bidder opts to submit the bid security in the form of: (i.1) (i.2) a bank draft/guarantee or an irrevocable letter of credit issued by a foreign bank, it shall be accompanied by a confirmation from a Universal or Commercial Bank; or a surety bond, it shall be accompanied by a certification by the Insurance Commission that the surety or insurance company is authorized to issue such instruments; (ii) (iii) (iv) Conformity with technical specifications, as enumerated and specified in Sections VI and VII of the Bidding Documents; and Sworn statement in accordance with Section 25.3 of the IRR of RA 9184 and using the form prescribed in Section VIII. Bidding Forms. For foreign bidders claiming eligibility by reason of their country s extension of reciprocal rights to Filipinos, a certification from the relevant government office of their country stating that Filipinos are allowed to participate in their government procurement activities for the same item or product. 13. Documents Comprising the Bid: Financial Component Unless otherwise stated in the BDS, the financial component of the bid shall contain the following: (a) (b) (c) Financial Bid Form, which includes bid prices and the applicable Price Schedules, in accordance with ITB Clauses 15.1 and 15.4; If the Bidder claims preference as a Domestic Bidder, a certification from the DTI issued in accordance with ITB Clause 27, unless otherwise provided in the BDS; and Any other document related to the financial component of the bid as stated in the BDS (a) Unless otherwise stated in the BDS, all bids that exceed the ABC shall not be accepted. 21

22 (b) Unless otherwise indicated in the BDS, for foreign-funded procurement, a ceiling may be applied to bid prices provided the following conditions are met: (i) Bidding Documents are obtainable free of charge on a freely accessible website. If payment of Bidding Documents is required by the procuring entity, payment could be made upon the submission of bids. (ii) The procuring entity has procedures in place to ensure that the ABC is based on recent estimates made by the responsible unit of the procuring entity and that the estimates reflect the quality, supervision and risk and inflationary factors, as well as prevailing market prices, associated with the types of works or goods to be procured. (iii) The procuring entity has trained cost estimators on estimating prices and analyzing bid variances. (iv) The procuring entity has established a system to monitor and report bid prices relative to ABC and engineer s/procuring entity s estimate. (v) The procuring entity has established a monitoring and evaluation system for contract implementation to provide a feedback on actual total costs of goods and works. 14. Alternative Bids 14.1 Alternative Bids shall be rejected. For this purpose, alternative bid is an offer made by a Bidder in addition or as a substitute to its original bid which may be included as part of its original bid or submitted separately therewith for purposes of bidding. A bid with options is considered an alternative bid regardless of whether said bid proposal is contained in a single envelope or submitted in two (2) or more separate bid envelopes Each Bidder shall submit only one Bid, either individually or as a partner in a JV. A Bidder who submits or participates in more than one bid (other than as a subcontractor if a subcontractor is permitted to participate in more than one bid) will cause all the proposals with the Bidder s participation to be disqualified. This shall be without prejudice to any applicable criminal, civil and administrative penalties that may be imposed upon the persons and entities concerned. 15. Bid Prices The Bidder shall complete the appropriate Schedule of Prices included herein, stating the unit prices, total price per item, the total amount and the expected countries of origin of the Goods to be supplied under this Project. 22

23 15.2. The Bidder shall fill in rates and prices for all items of the Goods described in the Schedule of Prices. Bids not addressing or providing all of the required items in the Bidding Documents including, where applicable, Schedule of Prices, shall be considered non-responsive and, thus, automatically disqualified. In this regard, where a required item is provided, but no price is indicated, the same shall be considered as non-responsive, but specifying a zero (0) or a dash (-) for the said item would mean that it is being offered for free to the Government, except those required by law or regulations to be accomplished The terms Ex Works (EXW), Cost, Insurance and Freight (CIF), Cost and Insurance Paid to (CIP), Delivered Duty Paid (DDP), and other trade terms used to describe the obligations of the parties, shall be governed by the rules prescribed in the current edition of the International Commercial Terms (INCOTERMS) published by the International Chamber of Commerce, Paris Prices indicated on the Price Schedule shall be entered separately in the following manner: (a) For Goods offered from within the Procuring Entity s country: (i) (ii) (iii) (iv) The price of the Goods quoted EXW (ex works, ex factory, ex warehouse, ex showroom, or off-the-shelf, as applicable); The cost of all customs duties and sales and other taxes already paid or payable; The cost of transportation, insurance, and other costs incidental to delivery of the Goods to their final destination; and The price of other (incidental) services, if any, listed in the BDS. (b) For Goods offered from abroad: (i) (ii) Unless otherwise stated in the BDS, the price of the Goods shall be quoted DDP with the place of destination in the Philippines as specified in the BDS. In quoting the price, the Bidder shall be free to use transportation through carriers registered in any eligible country. Similarly, the Bidder may obtain insurance services from any eligible source country. The price of other (incidental) services, if any, listed in the BDS. (c) For Services, based on the form which may be prescribed by the Procuring Entity, in accordance with existing laws, rules and regulations Prices quoted by the Bidder shall be fixed during the Bidder s performance of the contract and not subject to variation or price escalation on any account. A 23

24 16. Bid Currencies bid submitted with an adjustable price quotation shall be treated as nonresponsive and shall be rejected, pursuant to ITB Clause 24. All bid prices for the given scope of work in the contract as awarded shall be considered as fixed prices, and therefore not subject to price escalation during contract implementation, except under extraordinary circumstances. Upon the recommendation of the Procuring Entity, price escalation may be allowed in extraordinary circumstances as may be determined by the National Economic and Development Authority in accordance with the Civil Code of the Philippines, and upon approval by the GPPB. Nevertheless, in cases where the cost of the awarded contract is affected by any applicable new laws, ordinances, regulations, or other acts of the GOP, promulgated after the date of bid opening, a contract price adjustment shall be made or appropriate relief shall be applied on a no loss-no gain basis Prices shall be quoted in the following currencies: (a) (b) For Goods that the Bidder will supply from within the Philippines, the prices shall be quoted in Philippine Pesos. For Goods that the Bidder will supply from outside the Philippines, the prices may be quoted in the currency(ies) stated in the BDS. However, for purposes of bid evaluation, bids denominated in foreign currencies shall be converted to Philippine currency based on the exchange rate as published in the Bangko Sentral ng Pilipinas (BSP) reference rate bulletin on the day of the bid opening If so allowed in accordance with ITB Clause 16.1, the Procuring Entity for purposes of bid evaluation and comparing the bid prices will convert the amounts in various currencies in which the bid price is expressed to Philippine Pesos at the foregoing exchange rates Unless otherwise specified in the BDS, payment of the contract price shall be made in Philippine Pesos. 17. Bid Validity Bids shall remain valid for the period specified in the BDS which shall not exceed one hundred twenty (120) calendar days from the date of the opening of bids In exceptional circumstances, prior to the expiration of the bid validity period, the Procuring Entity may request Bidders to extend the period of validity of their bids. The request and the responses shall be made in writing. The bid security described in ITB Clause 18 should also be extended corresponding to the extension of the bid validity period at the least. A Bidder may refuse the request without forfeiting its bid security, but his bid shall no longer be considered for further evaluation and award. A Bidder granting the request shall not be required or permitted to modify its bid. 24

25 18. Bid Security The Bidder shall submit a Bid Securing Declaration or any form of Bid Security in the amount stated in the BDS, which shall be not less than the percentage of the ABC in accordance with the following schedule: Form of Bid Security (a) Cash or cashier s/manager s check issued by a Universal or Commercial Bank. Amount of Bid Security (Not Less than the Percentage of the ABC) For biddings conducted by LGUs, the Cashier s/manager s Check may be issued by other banks certified by the BSP as authorized to issue such financial instrument. (b) Bank draft/guarantee or irrevocable letter of credit issued by a Universal or Commercial Bank: Provided, however, that it shall be confirmed or authenticated by a Universal or Commercial Bank, if issued by a foreign bank. Two percent (2%) For biddings conducted by LGUs, Bank Draft/Guarantee, or Irrevocable Letter of Credit may be issued by other banks certified by the BSP as authorized to issue such financial instrument. (c) Surety bond callable upon demand issued by a surety or insurance company duly certified by the Insurance Commission as authorized to issue such security. Five percent (5%) The Bid Securing Declaration mentioned above is an undertaking which states, among others, that the Bidder shall enter into contract with the procuring entity and furnish the performance security required under ITB Clause 33.2, within ten (10) calendar days from receipt of the Notice of Award, and commits to pay the corresponding amount as fine, and be suspended for a period of time from being qualified to participate in any 25

26 government procurement activity in the event it violates any of the conditions stated therein as provided in the guidelines issued by the GPPB The bid security should be valid for the period specified in the BDS. Any bid not accompanied by an acceptable bid security shall be rejected by the Procuring Entity as non-responsive No bid securities shall be returned to Bidders after the opening of bids and before contract signing, except to those that failed or declared as postdisqualified, upon submission of a written waiver of their right to file a request for reconsideration and/or protest, or upon the lapse of the reglementary period to file a request for reconsideration or protest. Without prejudice on its forfeiture, bid securities shall be returned only after the Bidder with the Lowest Calculated Responsive Bid (LCRB) has signed the contract and furnished the performance security, but in no case later than the expiration of the bid security validity period indicated in ITB Clause Upon signing and execution of the contract pursuant to ITB Clause 32, and the posting of the performance security pursuant to ITB Clause 33, the successful Bidder s bid security will be discharged, but in no case later than the bid security validity period as indicated in the ITB Clause The bid security may be forfeited: (a) if a Bidder: (i) (ii) (iii) withdraws its bid during the period of bid validity specified in ITB Clause 17; does not accept the correction of errors pursuant to ITB Clause 28.3(b); has a finding against the veracity of any of the documents submitted as stated in ITB Clause 29.2; (iv) submission of eligibility requirements containing false information or falsified documents; (v) (vi) (vii) submission of bids that contain false information or falsified documents, or the concealment of such information in the bids in order to influence the outcome of eligibility screening or any other stage of the public bidding; allowing the use of one s name, or using the name of another for purposes of public bidding; withdrawal of a bid, or refusal to accept an award, or enter into contract with the Government without justifiable cause, after the Bidder had been adjudged as having submitted the LCRB; (viii) refusal or failure to post the required performance security within the prescribed time; 26